Commissioner Simington: FCC Commissioners Need Role in Reviewing Delegated Authority

Federal Communications Commissioner Nathan Simington told Congress that he and his fellow commissioners need to serve as a check on the power of the chair. According to testimony for the House Commerce Committee FCC oversight hearing, Commissioner Simington, a Republican, said that if the agency does not adopt rules allowing for full commission oversight of decisions made by staffers under authority delegated by the chair, Congress should step in to mandate it. “The FCC chair has broad discretion in delegating matters to career officials and political appointees, which restricts those matters from the review, comment and voting of the full commission,” he said in his testimony. That discretion “weakens” congressional oversight of the commission, Commissioner Simington said, by “removing accountability from Senate-confirmed officials.”Simington cited “recent litigation about the scope of administrative discretion” as a reason for the FCC to take action on the issue. But if the FCC does not, he said, “I would encourage legislation that secures Congressional oversight and accountability.”